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Full opinion text

—Order unanimously affirmed without costs. Same Memorandum as in Ushkow v Brodowski (244 AD2d 931 [decided herewith]). (Appeal from Order of Supreme Court, Onondaga County, Mordue, J.—Summary Judgment.) Present—Denman, P. J., Green, Wisner, Balio and Boehm, JJ.